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can a beneficiary also be an executor

1 Answers. Asked on Jan 11th, 2012 on Wills and Probate - Texas
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Licenced in IL
Answered on Jan 12th, 2012 at 4:46 PM

I practice in the state of Illinois and the answer is a resounding yes:  a beneficiary can also serve as the executor....and since everyone knows things are bigger and better in Texas, I'm going to surmise that the answer is also YES in Texas.  The prohibition you are probably thinking of is the one prohibiting a beneficiary as serving as a witness to the will.  If a beneficiary does also serve as a witness, there is a remedy-one that is not beneficial to the beneficiary, but it may vary from state to state, so check with a estate planning attorney in your locality for an answer to that one.  Hope this helps.

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Wills and Probate
Don't make the mistake of thinking that only the rich, elderly or those with children need a last will and testament--every adult can benefit from an estate plan, including a last will and testament. Wills and probate attorneys can work with you to devise an estate plan that explains how your assets should be distributed after your death. Your lawyers can craft a strategy to reduce estate taxes and help ensure the financial security of your spouse and children. Wills and probate law firms can also guide estate executors through the probate process.
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